Dryden Village City Zoning Code
ARTICLE XIV
Signs
§ 350-97 Signs.
[Amended by L.L. No. 6-1989; 1-16-2003 by L.L. No. 1-2003]
A.
Purpose. The legislative intent of this article is to promote and protect the public health, welfare and safety of the inhabitants of the Village by regulating existing and proposed advertising, advertising signs, and signs of all types which are intended to be viewed from outdoors, and to thereby protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty of designated areas and provide a more enjoyable and pleasing community. It is further intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more open space, and curb the deterioration of natural beauty and community environment. It also intends to permit businesses and professions to make use of signage that is important to their individual and collective success.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUILDING FACADE
That portion of a building facing a public right-of-way, street, or road.
FREESTANDING SIGN
Any sign not attached to or part of any building. Included are pole signs and pylon signs, and signs located on vehicles or equipment for the purpose of advertisement of the business.
SIGN
Any material, structure or part thereof, or any device attached to a structure or painted or represented thereon, composed of or upon which is placed lettered, or pictorial or other matter for visual communication, when used or located out-of-doors or on the exterior of any building or indoors as a window sign, for the display of any advertisement, notice, directional matter or name. The term "sign" does not include signs erected and maintained pursuant to and in discharge of any governmental function, or required by any law, ordinance or governmental regulation, or the flag or insignia of the United States of America, the State of New York or of any governmental agency thereof, or architectural cornerstone.
SIZE OF SIGN
(1)
The square footage of the smallest rectangle which will fully enclose all elements which form the sign and any integral backing material to which they are attached, including any irregular shapes and open spaces. Supporting structures will not be considered as part of the sign surface area unless internally lit or lit by their own specific external light source.
(2)
If a sign is painted or applied without backing to the face of the building, the area of the sign shall be taken as the area of the smallest rectangle enclosing all letters and devices.
(3)
Two-sided signs: Only one side of a two-sided sign having identical material on each side shall be used to calculate the area of such signs.
C.
General regulations.
(1)
General. No sign shall be erected, established or altered in any district in the Village except in conformity with the provisions of this article. Normal maintenance accepted.
(a)
Illuminated signs. Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. In no event shall an illuminated sign or lighting device be so placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk or adjacent premises so as to cause glare that may constitute a traffic hazard or nuisance.
(b)
Maintenance of signs. All signs must be kept clean, neatly painted and free from all hazards (including, but not limited to, faulty wiring and loose fastenings) and must be maintained and located at all times in such safe condition so as not to be detrimental to the public health or safety.
(c)
Signs painted or without backing. If a sign is painted or applied without backing to the face of the building, the area of the sign [determined per Subsection B of this section, Subsection (2) in the definition of "size of sign"] shall not exceed the lesser of either 3/4 square foot per linear foot of business frontage, or 50 square feet.
(d)
Window/door signs. A sign identifying the on-premises business or profession, occupying two square feet or less of glass surface will not be considered part of the total sign area allowed.
(2)
Prohibitions:
(a)
Portable signs. No portable, daily use or mobile signs, including sandwich board style signs for commercial or business advertising, except those included in the definition of "temporary signs" as set forth in Subsection E, are permitted.
(b)
Roof signs. No signs or sign supports on or projecting above the upper roof or parapet of any building are permitted.
(c)
Off-premises signs. Any sign related to a business or profession or commodity or service offered may only be located on the premises where such business or profession is conducted or commodity or service offered, except as provided under Subsection E, Temporary signs.
(d)
Signs with motion. No sign or part thereof shall contain or consist of pennants, flags, ribbons, balloons, streamers, spinners, or other moving, animated, fluttering or revolving devices.
(e)
Hazardous signs. No sign, permanent or temporary, shall be located so as to impair traffic or driver visibility or in any manner so as to create a hazard to the health, safety and welfare of the general public.
(f)
Location of signs. No sign shall be attached to a fence, public light standard, utility pole, or tree.
(g)
Highway banners. No banners crossing any street are permitted.
D.
Signs permitted in all districts without a sign permit. The following are permitted in any district without a sign permit:
(1)
For sale, lease or rental signs. One on-premises sign advertising that the premises upon which the sign is located is for sale, lease or rental. One sign is permitted per each building face on a public highway. The sign shall not exceed five square feet in area. The sign shall not be illuminated or located between the sidewalk and the street, or nearer than three feet from the nearest boundary of the street or any lot line. All such signs shall be removed five days after the sale, lease or rental of the premises. No signs advertising the sale, lease or rental of a property shall be located on premises other than the property which is proposed to be sold, leased and/or rented.
(2)
Residential building with professional office or home occupation signs. One on-premises sign, either freestanding or attached, on a lot improved for residential purposes, advertising a permitted professional office or home occupation on such lot not exceeding six square feet in area, and not illuminated with colored lights. Such sign shall not be located between the sidewalk and the street, nor nearer than three feet from the nearest boundary of any street right-of-way or lot line.
(3)
Occupant signs. One on-premises sign not exceeding two square feet denoting the name and address of the occupant(s) of the premises.
(4)
Warning, private drive, posted or no-trespassing signs. Nonilluminated warning, private drive, posted or no trespassing signs not exceeding two square feet.
(5)
Construction signs. One on-premises sign, not exceeding 12 square feet, listing the architect, engineer and/or contractor on premises where construction, repair or renovation is in progress, such sign shall be removed within 10 days after completion of such construction, repair or renovation.
(6)
Institutional signs/bulletin boards. One on-premises sign or bulletin board customarily incident to places of worship, libraries, museums, educational facilities, social clubs or societies, which sign or bulletin board shall not exceed 20 square feet in area.
(7)
Temporary signs as provided in Subsection E below.
E.
Temporary signs. Only temporary signs as set forth below are permitted. All signs (except sandwich signs) must be dated either with the date of the actual function or opening or the date of installation. If use of a temporary sign exceeds the specified time period, the Village shall cause undated signs to be removed. All applicable costs incurred with the removal of such signs shall be assessed against the owner of the land or building on which such sign is placed.
(1)
Event signs. Any promotional, identifying or directional sign not exceeding nine square feet which relates to any community, civic, commemorative, charitable, social, educational, religious or athletic function or assembly or any event authorized by municipal authorities may be in place for up to 10 days before and five days after the actual activity unless otherwise authorized by the Board of Trustees.
(a)
Consideration shall be given by the Board of Trustees to the number of signs.
(2)
Private owner household merchandise signs. Signs advertising sales and auctions, including yard/garage sales, not exceeding four square feet in area for a period not exceeding seven days prior to the date of placement and including the day(s) of such sale or auction.
(3)
Window signs. Nonilluminated promotional window signs and posters not exceeding 25% of the window area. Such signs shall be dated and removed within 30 days after installation.
(4)
New business signs. Signs announcing the opening of a new business shall not exceed 24 square feet. Such signs shall be dated and located on premises. In the case of window signs, the size shall not exceed 25% of the window area. Placement shall not exceed a period of 60 days.
(5)
Sandwich board signs. Any unlighted device four feet by three feet by three feet on private property during normal business hours.
F.
Signs permitted with a sign permit. The following signs are permitted, but require a sign permit as provided in this section.
(1)
Development or subdivision. One on-premises sign advertising a real estate development or subdivision not exceeding 32 square feet in area.
(2)
Directional, informational or safety signs. For a business or public utility, on-premises signs or notices for the direction, information or safety of the public to identify public parking areas, fire zones, entrances and exits and similar signs. They may be illuminated or nonilluminated, not exceeding four square feet in area. If freestanding, all parts of such sign shall either be less than four feet above the ground level or more that eight feet but less than 10 feet above the ground level. Business names, symbols, and personal names shall be allowed, but advertising messages are prohibited.
(3)
Parking lot signs. One sign not exceeding four square feet in area and, if freestanding, no part of which shall exceed six feet above ground level, may be placed in a private off-street parking area only to limit the use of such parking area to customers and/or business invitees of the owner and/or occupant.
G.
Signs permitted in industrial and commercial districts with a sign permit. The following signs are permitted in the nonresidential districts, but require a sign permit:
(1)
Business signs for properties with one business. Only one of the following two options, Subsection G(1)(a)[1] or [2], may be implemented in this category.
(a)
Options:
[1]
A sign or signs attached or applied to a building or portion thereof, identifying any legally established business or service, its owner, trade names, trademark, products sold or the activity conducted on the premises whereon the sign is located and which total area shall not exceed 1 1/2 square feet per one linear foot of the building facade. The total area of all letters, symbols, signs shall not exceed 60% of the total area of the building facade or 50 square feet, whichever is less. In no case shall the total area of the sign exceed 50 square feet.
[2]
A freestanding sign with an area not exceeding 12 square feet and not more than 10 feet above ground level, identifying any legally established business or service, its owner, trade names, trademark, products sold, or the business or activity conducted on the premises whereon such sign is located; and which shall be set back at least four feet from any public highway or street.
(2)
Any business maintaining a freestanding sign as permitted under this section may, in addition, obtain a permit for a sign to be applied or attached to the building face(s), not to exceed one square foot in area per linear foot of building facade. The total area of the freestanding sign and building face sign(s) shall not exceed 50 square feet.
(3)
West Main Street/central municipal parking lot properties. A building which has an entrance open to the public from both West Main Street and a central municipal parking lot is permitted to have one business sign as described in Subsection G(1)(a)[1] on the face of each of such entrances.
(4)
Signs for properties with multiple businesses. Two or more businesses occupying a common building property may elect one of the following options:
(a)
Twenty-four square feet of signage per business; or
(b)
Fifty square feet per property.
H.
Sign permits.
[Amended by L.L. No. 2-2012]
(1)
General. Except as otherwise provided in this article, no person shall erect any sign without first obtaining a sign permit from the Code Enforcement Officer.
(2)
Application for sign permits. Application for a sign permit shall be made in writing, upon forms prescribed and provided by the Code Enforcement Officer, and shall contain:
(a)
Name, address and telephone number of the applicant.
(b)
Name, address and telephone number of the owner, if not the applicant.
(c)
Location of building, structure or land to which or upon which the sign is to be erected.
(d)
A detailed drawing or blueprint showing a description of the construction details of the sign including a front elevation drawing if such sign is proposed to be affixed to the face of the building and showing the lettering and pictorial matter composing the sign, and the position and method of lighting and other extraneous devices; and a location plan showing the position of the sign on any building or land, and its position in relation to lot lines, adjoining buildings or structures and to any private or public street or highway (full dimension must be included).
(e)
Written consent of the owner of the building, structure or land to which or on which the sign is to be erected, if the applicant is not the owner thereof.
(f)
A copy of any required or necessary electrical permit issued for said sign.
(3)
Fees to accompany application. No application for a sign permit shall be valid or accepted unless accompanied by a nonrefundable fee in the amount as set forth on the Village of Dryden Fee Schedule, which Fee Schedule may be established by resolution and thereafter amended from time to time by resolution of the Village Board of Trustees.
[Amended 2-16-2012 by L.L. No. 2-2012]
(4)
Issuance of sign permit. It shall be the duty of Code Enforcement Officer upon the filing of an application for a sign permit to examine such plans, specifications and other data submitted to him/her with the application and, if necessary, the building or premises upon which it is proposed to erect the sign or other advertising structure. If it shall appear that the proposed sign is in compliance with all the requirements of this article and other laws and ordinances of the Village he/she shall issue a sign permit for the erection of the proposed sign:
(a)
If the sign authorized under any such permit has not been completed within six months from the date of the issuance of the permit, the permit shall become null and void, but may be renewed once for good cause shown and upon payment of an additional fee as set forth on the Village of Dryden Fee Schedule, which Fee Schedule may be established by resolution and thereafter amended from time to time by resolution of the Village Board of Trustees.
[Amended 2-16-2012 by L.L. No. 2-2012]
(b)
Permits issued relate solely to the property for which the application is made.
(c)
Permits may not be assigned to others and may not be transferred to a property other than that identified in the permit.
(5)
Appeals. If the proposed sign does not comply with regulations or provisions of this article, the Code Enforcement Officer shall reject the application. A decision of the Code Enforcement Officer may be appealed to the Zoning Board of Appeals following procedure outlined in Article XII, Administration and Enforcement.
(6)
Revocation of sign permit. In the event of a violation of any of the provisions of this article, the Code Enforcement Officer shall give written notice, specifying the violation, to the named owner of the sign and the named owner of the land upon which the sign is erected, sent to the addresses as stated in the application for the sign permit, directing such owners to conform or remove such sign. In the event such sign shall not be brought into compliance or removed within 30 days of the notice, Code Enforcement Officer shall thereupon revoke the sign permit, and such sign shall be removed by the named owner of the sign, or the named owner of the land.
I.
Removal of signs.
(1)
Obsolete signs. Any sign existing on or after the effective date of this article, which no longer advertises an existing business conducted or product sold on the premises, shall be removed by the owner of the premises upon which such sign is located after written notice as provided herein. The Code Enforcement Officer, upon determining that any such sign exists, shall notify the owner of the premises in writing to remove the said sign within 30 days from the date of such notice.
(2)
Unsafe signs. If the Codes Enforcement Officer shall find that any sign regulated by this article is unsafe or insecure, or is a menace to the public, he/she shall give written notice to the named owner of the sign and the named owner of the land upon which the sign is erected, who shall remove or repair said sign within 30 days from the date of said notice. If the said sign is not removed or repaired, Code Enforcement Officer shall revoke the sign permit issued for such sign, as herein provided, and may cause said sign to be removed or repaired, all costs and expenses thereof to be assessed against the land or building on which such sign was located. The Code Enforcement Officer may cause any sign which is a source of immediate peril to persons or property to be removed and charge the costs thereof against the owner or land on which the sign is located.
J.
Nonconforming signs.
(1)
Replacement. A nonconforming sign which is destroyed or which is damaged to an extent in excess of 50% shall not be replaced except by a sign which conforms to the regulations of this article.
(2)
Alteration. Any sign existing on the effective date of this article shall not be enlarged, modified, altered or relocated, except in accordance with the provisions of this article.
(3)
Nothing in this section shall relieve the owner or user of a legal nonconforming sign or owner of the property upon which the sign is located from complying with the provisions of this section regarding safety, maintenance and repair of signs, provided that any repainting, cleaning or other routine maintenance or repair of the sign or sign structure shall not be deemed to modify the sign in any way.[1]
[1]
Editor's Note: Original Subsection (d), Penalties and fines, which immediately followed this subsection, was repealed 4-10-2014 by L.L. No. 3-2014.
§ 350-98 Penalties for offenses; fines.
[Added 4-10-2014 by L.L. No. 3-2014]
Failure to comply with any of the provisions of § 350-97 shall be punished as set forth on the Village of Dryden Fine Schedule, which Fine Schedule may be established by resolution and thereafter amended from time to time by resolution of the Village Board of Trustees.